6hrs later,still struggling... **Stat demand set aside won with costs**

[harvie]

help! today i received a letter from capquest stating they are preparing a staturtory demand which will be completed on or around 16 april.

they are chasing for a debt from 1999.at the time i had money problems and lost my home but the bank who i owed the money too was offered a reduced payment by my local CAB, the bank didnt respond. my question is do i acknowledge this letter, they are not the first debt recovery agency to send letters but i have not responded to previous ones.

many thanks for any advice.

[the_shadow]

help! today i received a letter from capquest stating they are preparing a staturtory demand which will be completed on or around 16 april.

they are chasing for a debt from 1999.at the time i had money problems and lost my home but the bank who i owed the money too was offered a reduced payment by my local CAB, the bank didnt respond. my question is do i acknowledge this letter, they are not the first debt recovery agency to send letters but i have not responded to previous ones.

many thanks for any advice.

 

Have you acknowledged the debt in writing or paid anything in a six year window since 1999, this debt could be statute barred.

 

PmW

[sploits]

When was the last time you acknowledged or made a payment against the alledged debt?

[sploits]

Ha you beat me to it pmw1971

[harvie]

no i havent responded to any letters or paid any monies to previous debt agencies,someone (scottish accent) did phone me around a year ago and asked me to confirm my name and address which i did not comply too,should i send a "proof it letter" to them?

thanks

[the_shadow]

no i havent responded to any letters or paid any monies to previous debt agencies,someone (scottish accent) did phone me around a year ago and asked me to confirm my name and address which i did not comply too,should i send a "proof it letter" to them?

thanks

 

Yep kind of... send a letter stating that you believe this debt is statute barred and they should cease recovery attempts from yourself.

 

 

 

They'll soon reply if they want to try and make you think you've acknowledged or paid and then you can send the "prove it" letter:D

 

PmW

Edited April 6, 2009 by pmw1971
my spelling is all to pot!

[harvie]

many thanks!

[sploits]

They may also say that a default was placed against you in the last 5 years (giving you a random date) and tell you that is when the statute barred clock starts ticking. DONT LISTEN TO THEM. Mackenzie Hall tried that with me (A scottish company ironically) but the clock actually starts from when you last paid or acknowledged the debt

 

Sploits

[mr.ton]

Nothing can un barr a statute barred debt...not even a payment made in the last 6 years.

[harvie]

help!

4 times capquest have phoned me this evening they are after a loan i failed to pay in 1999 due to my marriage breakdown and the loss of my home.

somehow they have my home number and have managed to speak to me,i only confirmed my name and wouldnt give out my address.

so far i have ignored any letters but now one has arrived saying its a statutory demand, what should i do?

any advice gratefully received.

[rogermeard]

Blimey these fellows are working overtime lately!!.

 

Someone will be along shortly that will be able to point you in the right direction, don't worry.

[cerberusalert]

If a period of six years has passed without you making a payment or written admission of the a/c send them this;

 

Dear Sir/Madam

 

Acc/Ref No

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I wish to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I should also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Yours faithfully

 

Print Name do not sign

[harvie]

many thanks, I will send them the letter, any advice on what i should say when they phone again,this evening i told them they had the phone number!

[cerberusalert]

Tell them that you want all contact to be in writing only & that you are sending them a letter, then hang up....do not get into a conversation with them & if they ring back ignore them.

 

But send the letter above recorded delivery tomorrow.

[harvie]

many many thanks,will let you know how i get on.

[harvie]

hi

would really appreciate some advice. i have just received a statutory demand from barry davies at capquest.particulars of debt:

the debt relates to the unpaid balance of sums due under credit agreement dated 22 dec 1999 made between myself and rbs.

the rights and duties of rbs passed to the creditor pursuant to an assignment dated 14 march 06.

 

this debt has been passed on from previous agencies none to which i have responded to in the last 6-7 years.

should i respond to capquest? if so what advice can anyone give as to what i should say?

feel really stressed!

thanks

[babybear39]

Hi harvie, first you need to tell us the last time you made payment or written acknowledgement to this account?

[harvie]

hi

i have not made any payment since at least 2001, i have lived in present address since 2003 and definately not made a payment or aknowledged any letters,but did get caught out on the telephone by someone from scotland wanting me to confirm my address with them which i refused to do so. i no longer have any paper work from this debt.

thanks

[stuscfc]

what type of debt is it loan,credit card.if you are certain that you havent payed anything or acknoledged the debt in the last 6 years then the debt maybe statute barred which means they can not enforce the debt throught the courts.

[PGH7447]

statute barred then, tell them to get lost

[harvie]

it was personal loan, then my marriage broke up i lost my house and took advice from cab who said it was a non priority debt and they offered rbs a token amount which was not accepted so nothing was paid to them.

im 100% sure i have not made a payment for 6 years or more.

[harvie]

hi

i have not made any payment since at least 2001, i have lived in present address since 2003 and definately not made a payment or aknowledged any letters,but did get caught out on the telephone by someone from scotland wanting me to confirm my address with them which i refused to do so. i no longer have any paper work from this debt.

thanks

[harvie]

it was personal loan, then my marriage broke up i lost my house and took advice from cab who said it was a non priority debt and they offered rbs a token amount which was not accepted so nothing was paid to them.

im 100% sure i have not made a payment for 6 years or more.

[PGH7447]

see post 5, and stop worrying about these cretins

[babybear39]

Send the statute barred letter:

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

Amend to suit, send recorded keeping a copy with your postal receipt, if they come back to you post back